As the clamour intensifies for an official inquiry into the circumstances of Barbara Malimali‘s appointment at FICAC, the real question is what form that inquiry would take. Because there is no mechanism under the Constitution for the setting up of the local equivalent of a special “Royal Commission” that is common in our larger neighbours to investigate wrongdoing in our institutions of state.
Nonetheless, an independent investigation of some sort is an urgent imperative following the sensational allegations made by the former FICAC Deputy Commissioner, Francis Puleiwai, about how Barbara Malimali was railroaded into the job of Commissioner while she was actively the subject of a FICAC investigation into alleged abuse of office as Chair of the Electoral Commission.
Puleiwai’s claim that she informed the Attorney General, Graham Leung, about the investigation but Leung pressed ahead regardless in supporting the Judicial Services Commission appointment of Malimali to head the corruption watchdog is shocking in itself. If it is true, then it suggests that Leung was actively backing a Coalition appointment and trying to protect fellow government ministers under FICAC investigation, especially Biman Prasad, who was about to be charged. So unless he can properly explain himself, his position is untenable. He must resign or the Prime Minister must sack him.
Yet the alleged conduct of the Acting Chief Justice and head of the JSC, Salesi Temo, and that of the Chief Registrar and Secretary of the JSC, Tomasi Bainivalu, is at another level altogether and pure dynamite. If what Francis Pulewai is alleging is true, they have directly interfered in a FICAC investigation to bring it to a halt and in doing so, have perverted the course of justice and severely undermined public confidence in the judiciary and the rule of law in Fiji.
To cut to the chase, here’s the portion of the transcript of Francis Puleiwai’s explosive interview with the ABC that is the “smoking gun” capable of blowing apart the careers of these two men. It is part of her account of what happened when Tomasi Bainivalu was part of a delegation – that also included Wylie Clarke, Malimali’s lawyer and President of the Fiji Law Society – which descended on her office with the intent of strong-arming her into dropping the investigation into the just-appointed FICAC Commissioner.
“One of the things that came out from the Chief Registrar, I found it to be shocking and it is quite right an abuse in terms of what he said: ‘The Acting Chief Justice had stated this and he wanted me to tell you that the Registry will not accept any charges that are filed by FICAC’. I said: ‘That is your jurisdiction, what we will do, we will have the interview, we will have her charged and have the charges filed in court. That is up to the court. Whether to accept it or not. And he mentioned it twice and the second time he came back after answering a phone call… he came back a second time and then with a bit of a tone… he said: ‘The Acting Chief Justice has said what is Francis doing?, what is she doing?, what is she trying to achieve? Tell her that none of the registry in Fiji will accept the charges that is to be filed or signed by her’… That would be a direct interference in the work we are doing.“
For a start, it is astonishing that the Chief Registrar would even make an appearance at FICAC. It is the “Independent Commission Against Corruption” and for the Secretary of the JSC to descend on the Deputy Commissioner’s office and speak to her in those terms is way out of line. But it is what Tomasi Bainivalu quoted the Acting CJ and JSC head as having said that places Salesi Temo right in the firing line.
In this exchange, Temo is ordering the Independent FICAC Deputy Commissioner to leave Barbara Malimali alone. And he is telling her that if she persists in charging Malimali, he will ensure that those charges are blocked. It is extraordinary conduct that is yet another assault on the rule of law by a man who, as Grubsheet has long chronicled, is a law unto himself and is patently unfit to preside over the judiciary in Fiji.
So to the Prime Minister and everyone else, here’s a suggestion: There is no need to pursue an “official inquiry” into the circumstances of the Barbara Malimali affair. Her appointment was made by the Judicial Services Commission headed by Salesi Temo, with input from the Attorney General, as the Constitution provides. So there’s a much better avenue to get to the truth without going down a rabbit hole trying to cobble together an inquiry with no formal legal basis.
It is to do what the Constitution provides for – to suspend Salesi Temo as Acting Chief Justice on a charge of misbehaviour (and there are multiple other examples of misconduct during his sorry reign) and to put him before a judicial tribunal to examine the case against him and make a recommendation to the President about his fate. A proper judicial tribunal would uncover not only the facts of what Salesi Temo has done in the Barbara Malimali affair but the conduct of the others involved in the saga. It is straightforward, practical and already provided for under the supreme law.
Of course, the Temo Tribunal judges would be required to report their findings with far more haste than the shocking injustice that Salesi Temo has inflicted on the DPP, Christopher Pryde, by delaying the conclusion of his Tribunal hearing after he was suspended for misbehaviour. We are now up to 18 months with the new deadline of December 23. And he still hasn’t restored Pryde’s salary to enable him to defend himself.
How incredible in the overall scheme of things that Pryde was suspended in April 2023 for being seen conversing with Aiyaz Sayed-Khaiyum at a Japanese Embassy function and then, a year later, accused of receiving unauthorised superannuation entitlements. The alleged misbehaviour of the Acting Chief Justice is on a vastly higher plane and, indeed, constitutes a direct assault on the integrity and wellbeing of the State.
Francis Puleiwai’s extraordinary interview cannot be swept under a mat. The Fijian people have been shocked to the core by the allegations she has made – the ministerial interference, the outrageous intervention to stop Biman Prasad being charged, a woman of independence and integrity hounded out of FICAC to let a Coalition stooge in.
The notion of business as usual is no longer an option. The Prime Minister has rightly described the system as “rotten”. And the best and quickest way to cut out that rot is to remove the man who is most responsible for it – the Acting Chief Justice who the Coalition appointed but who has proved himself a rogue and must be removed with extreme urgency to enable the whole system to be cleaned up by one of Temo’s judicial colleagues.
The Fiji Times can’t decide whether go-to-moral-arbiter Shamima Ali thinks Puleiwai’s claims are “quite serious” or “very serious”. Is this another of Pravda’s attempts at spin?
Let’s just call it for what it is:
More certainty at the Fiji Sun...
UPDATE:
But let’s get our priorities right first – a round of golf and catching up with my old mate, George.
They should have both been hanged for treason.
Agree GD. Scrap this scandalous thing of a commission of inquiry and haul Christmas father Temo before the panel. The only spanner in the works here is that Rabuka does not have the backing of the majority. There’s going to be a standoff or an outright assault on the legal system of the country by Christmas father and his goons. Mali2, if she had any morals, would have tended her resignation in after that explosive interview. The circus continues, and be aware Fiji, Khaiyum has ulterior motives in all of this. Don’t be surprised if he forms a political party with George Speight and Stevens. Anything that’s remotely crazy is possible in Fiji at the moment. Thank you for nothing Rabuka, you are an utter disgrace to the nation as its PM.
To suggest Aiyaz will join Speight and Stevens is like saying that Frank will join Speight and Stevens.
Your analysis is off mark.
What Aiyaz has suggested re Commission of Inquiry under the Commission of Inquiry Act (which is equalivalent to a Royal Commission) and one that will be completely independent is smart. Smart because if Rabuka sticks to these perimeters then we will get to the truth. If he Rabuka doesn’t then he will be damned and our State will be completely damned.
People like Inia Seruiratu who have suggested that politicans/MPs should be on the Commission are stupid. They don’t understand what independence means. They won’t know conflict of interest if it hits them on the face.
In the all of this we can see even more so that the media is completely biased.
There is no independence or attempt or fight to be independent. Lots of money has also been offered. State funds of course.
Fred Wesley, Vijay Narayan, Stanley Simpson, Felix Chaudary are shameless bustards and hypocrites and masi polos.
Some of us journalists rue the day that these people were put in charge. The Motibhais and the Richard Naidus and the William Parkinsons are also pulling the strings.
We were fair more free to criticise and be critical under the previous government in particular after 2014. In fact we used to get told to find only negative stories about the then government.
If the media reported, questioned and investigated as it should by now this Government would be in the doldrums, our people would have realised in indepth of what is actually happening and even taken to the streets.
It seems that a gang of very senior judicial office holders have done a “coup” against another branch of the judiciary from administering justice against two very senior gov’t office holders: the deputy prime minster and the commissioner of Ficac. In the background, the President’s office as well as the Prime Minster were kept informed. But no one has stood down or suspended so far.
Now who has any confidence in the administration of justice in 1a totally fuk’ed up Banana Republic of Fiji!
The Acting Chief Santa Claus must be investigated for abuse of office on several fronts and justice must be seen to prevail. Just like it did for Bainimarama and Qiliho.
When you think about it, there are a whole heap of people in government and in the judiciary who must be investigated for abuse of office starting from the PM.
And that would be exactly why they’re going for a inquiry/commission for which there are no legally mandated consequences, rather than a judicial inquiry which is harder to influence & whitewash (as they discovered with Pryde this the never ending stalling to “find” more evidence). The legal advice sought by Rabuka would most likely have suggested this is the easiest way around the situation. Never the transparent honest straight way forward with the Coalition.
My head is spinning from the number of allegations and the seriousness of them and who’s been named as the people involved. I’ve been quietly dismayed at the appalling decisions like tax holidays with apparent conflicts of interest but now it seems we’ve hit peak incompetence.
There’s nothing left to do but laugh at how much of a mess they’ve made of the rule of law.
It seems writing, pontificating and giving speeches about what the last government got wrong provides zero qualifications for doing better.
Speaking of fast tracking, to add one more, Santa Clause and his circus to hear the appeals of JVB and SQ. And C. Pride’s case?
All legal advice comes from Butt St at huge tax-payer expense as Ropate is too green. Siromi is clueless having created the mess, and ling ling, a panda-faced joker.
SLR remains as ever. the gata.
If there is one lesson to be learnt from the shame, disgrace, bewilderment, and betrayals of the past 2 years, racism is a bad idea.
Are you seriously suggesting there’s actual advice, legal guidance or strategic planning behind any of this?
Government can quickly address the Barbara- and Temo-gates. So many ‘legal’gates, Turaga, Rabuku, Leung, Tikoisuva, Bainivalu etc.
Efficiency in promise delivery has been the hallmark of the Coalition, like the re-creation of GCC and re-entry of Dr Padma Lal bringing her late husband’s ashes plus the re-entry of all those previously blacklisted. Who will forget the fast tracking of appointments like Filipo’s to the UN, Barbara at FICAC, Rabuku (re-appointment) and Tikoisuva at ODPP.
So, kerekere PM, you can efficiently execute legitimately the fast tracking of Temo’s removal, saving time and funds, and restore investor and the people’s confidence in the judiciary and the country as a whole. This will be your legacy, PM.
Thank you first to Frances. This is no easy task and this woman had the spine to stand up, leave the country and her family, and uphold what is right. She is not bitter. She was calm through her interview and gave examples of many wrongdoings.
The Government of Fiji should be apologising to her for making her a scapegoat for their incompetent leadership.
Yes, the useless government.
Secondly, to Prime Minister Rabuka:
Temo and Rabuku has done the same before.
ASK, Pryde, Qiliho, Frank B.
When will it stop Prime Minister?
Fijians are getting absolutely fu&king fed up of your leadership and that of this clown Temo.
You are all so busy just corrupting the nation further while 52% of our people live in poverty.
We are tired and fed up as your voters.
It was clear what was going on and you all have tried to avoid charges.
Lay Malimali off now. That’s it.
Then lay off these clowns in the DPPs office, Temo, Nancy and Rabuku can go home immediately. Charge Biman immediately and others. No one is above the law. This shit show has gone on for more than a year.
Enough is enough or we get on the streets and protest. We the youth give you 5 days to clear your mess.
Temo and co just continue to delight the nation for the last 18 months. They need a special award for one constant progress and that is of corruption. Remember that Temo had also done the same to a woman Judge presiding over Bainimarama’s case and even threatened her to be charged by the Police.
There are many examples of abuse in the DPPs office and frankly you have outlined these examples well Graham.
The country is now standing at a very treacherous moment. Investor confidence is low and I say this after talking to some key investors abroad. They are watching and they have decided to put stop on few things. No surprises as there is no confidence in the leadership at government level and the law.
Is Fiji the new PNG?
Time is already telling and it looks just that.
At this point John Cleese should be covering the Fiji news because it’s all a big farce. Fawlty Fiji.
“And now for something completely different”
“What have the British ever done for us?!”
“Splitter!”
All of a sudden the Nani ji of the Nation is awake at her NGO desk.
Half of the problem we see today is because of her. This is the same woman who couldn’t see bad in Tabuya. Same woman who thought crime rates was down because a new government came in place.
What happened now Nani ji?
Will Nani Ji ask her mate Mrs Chand to step aside after serious allegations are investigated on her husband and herself as revealed by Victor Lal? Isn’t Mrs Chand sitting on these feminist boards?
But Nani ji couldn’t apply the same thought process when it came to others. There is Radrodro, the famous woman beater as the Minister for Education.
Will she ask her buddy Biman to do the same? Oh yes! There’s more. Tabuya, Rabuka, Vosarogo, Singh….etc? How about calling it as is for once and with the same grit that she applied on the previous government. Or has the tune suddenly changed?
Nani Ji is such an embarrassment.
But here is the news agency in Fiji.
Who should we interview?
Where is Mother Ali because she is our wisest woman of all?
Our local celebrity (NOT)!!
Ali is officially the most irrelevant woman in Fiji right now.
Come on GD, you really believe an “independent inquiry” will fix this or even possible? And who will oversee this? And do we really believe that he wasn’t aware?
I recall not so long ago another brutal scandal, which had an investigation. PM also claimed that he was not aware. Really ?
And what happened to that person? Nothing.
So don’t hold your breath, nothing will happen – just as the penguins of Madagascar – smoke and wave.
Yes, I suspect you’re right. It is hopeless. They are without principle, morals or shame. They lied their way into government and betrayed us. We are wasting our time expecting them to change. Pigs at the trough. And aided and abetted by the pouting goody two shoes who set themselves up as moral arbiters during the Bainimarama years – lawyers, women and “human rights” advocates – and are feasting at the same trough.
Prime Minister Sitiveni Rabuka plans to reconnect with 2000 coup leader George Speight.
The Prime Minister stated he intends to do this not in the context of the Truth and Reconciliation process but as a personal friend.
Rabuka stressed their past friendship and acknowledged that Speight has been incarcerated for 24 years.
So, the snake and the mongoose are going to meet. Drum roll, kaila!!!
What a fine example of leadership our PM is displaying. This is all part of the bigger picture of the bigger con that Rabuka is planning. All under the guise of a previous friendship. Instead of staying clean and eliminating any possible rumours, the snake is continuing to weave deceit and patronise the citizens of this country. His day is fast approaching for accountability.
Another smokescreen so the gullible media in Fiji will follow that story instead of focusing on the lawless office of the highest order in the clowntree (country) for now.
Rabuka is Speight’s friend. Who gives an actual f@ck if he is. He is friends with all wrong people for his own reasons. A changed man na shona.
I am wanting to know why isn’t Biman charged yet and that is all. What is stopping FICAC as an independent agency right now to do its work when they have all the information?
SnakeLR is virtue signaling to prepare the vulagi and critics of the regime to normalize repotitious and outrageous conduct.
Yes, it’s time to call this lawless, constituion-defying sorry excuse for a govt by the proper deserved name: a regime.
All nationalist and racists SLR supporters hero worship this dunderhead pm and knew in advance of his true intentions.
The senile dunderhead has in reality fooled everyone, he will plough ahead destroying the country with support from a worthless rfmf, criminal pardoned thugs, criminal chiefs, and the lawless judiciary and a bumbling ficac.
The end result – the damage will be so bad it will take a generation to repair, if not irreparable.
Investors be damned, rfmf be damned, law and order be damned, the economy be damned, poverty be damned, all vulagi be damned, critics be damned.
A lawless, rogue regime, the change people wanted.
Biman Prasad has been the root of all these dramas lol.
Hon. PM, you can do it! You removed your paramount chief’s brother-in-law as your chief adviser just last week! You did it! You kept your oath to uphold the law. No one is indispensable, including Temo, Malimali, Wise etc.
I googled “legal wig”. It said a judge or barrister’s wig ‘isn’t just about looking the part. It serves as a stark reminder that justice is blind, and that personal biases, emotions and identities should be left at the courtroom door.’ Yawa dina!
Well at least, for however truthful it is, would love to see the younger generation get out onto the streets and begin the protests against the most incompetent government ever elected in the history of our country. It would give all these old farts in government the warning to get a move on and go retire and plant tavioka and sili kai. Let’s go young fellas!!
The ABC reporter did an half arsed job in Pukewai’s interview. She wasn’t asked what was said to her when she was summoned to the JSC and what led to her resignation…was she asked to resign? Also many other probing and foloiw up questions were left out especially about Biman.
Just shows that media is shit not only in Fiji…the ABC couldn’t care less about getting to the heart of the story. I doubt they will get another crack at Pulewai.
Thid morning Rabuka does his time tested devious “throw them off the scent move” by saying he wants to meet his “old” friend George for a spot of golf and nothing else!!
Will our fantastic Fijian media ask just how long they have been friends, we’re they friends during George’s mad racist rampage in 2000, did they become friends after he got incarcerated, what do they have in common etc etc. Of course they won’t ask any probing questions..just like they won’t ask the leader of our broken nation what his thoughts are on the alarming rise in racist, bigoted hate speech that’s becoming the norm in Fiji. At least during the fijifirst reign racists used to use fake profiles to peddle their poisonous hate…now no one cares about hiding their identities..because they are emboldened by the original hate master who they think will have their backs. And our esteemed media will sit back and ignore the spread of this poison as our country crumbles. Why?…because part of the media fraternity is complicit and are in bed with this government full of dangerous clowns and the part are just too afraid of them…despite their so called freedom of speech and media freedom. All hypocrites.
Let’s go the youth of Fiji.
Who is out there? We want to see you standing outside the Parliament House and doing your thing.
Be part of the movement and on the good side of history.
We banking on you all to make the stand because this government is another example of a corrupt nation.
The youth need to rise. This is your time.
I don’t know why but I have come to one conclusion.
All these people look like they are fed really well.
I mean look at them.
Obese and lazy looking.
Like they are in a haze of extreme indulgence of kava and drugs.
More than half the country lives in poverty but the show makers are quite well fed on taxpayer funds.
Then there is Tabuya.
Don’t think anyone will not recognise her despite her attempt to a new look and atrocious hair style. A pig can wear a lipstick but will still be a pig. 🐖
I must commend the youth MPs in opposition. They are coming out strong everyday.
During Ratu Mara’s days people were well aware of their appearance and mannerisms. How times have changed. Laziness shines right through these people.
Rabuka doing his thing.
He knows that Speights video is circling the world media viciously.
And Indians all over the world are not happy.
Another apology lined up with Speight.
Just watch.
Promise we will not be surprised nor enthused.
This whole apology shit show is quite boring now.
The apologies will only be worth something if an Indian is elected PM or given a Presidential position without the mob rioting. As the FMF and PM have said never again will there be a coup.
So the mutineer meets the traitor for what … more of the same!
30 years ago the youth would march with banners in loud protest against war, against raciscm, at corrupt developments.
Today most of the youth are content to have clicked a few likes, clicked a few sads on social media, then get back to endless video clips and violent video games in their subservience to the puppet masters.
Is it true that Fijian Government filed an interlocutory injunction against ABC broadcasting the Puleiwai interview?
That’s the word on coconut wireless and all videos on FB and TikTok has been taken down.
I have no knowledge of this. But the horse has clearly bolted.
‘Rabuka plans personal reunion with Speight’
The judiciary should be able to decipher what this means. Either PM was the hidden missing person to not show up at the parliament in 2000 orche was instrumental in the mutiny thereafter.
The fact is everyone around the PM sayvthst he is not COMPOS MENTIS, hence he has dropped his guard and now wants to meet the GEORGE !!
CIRCUMSTANTIAL EVIDENCE !!
Siromi Turaga”s outburst on FBC:
He says that Puleiwai has wild and baseless allegations after she left the country.
“At the end of the day, whatever she says, she needs to be accountable for what she says, because other people are also saying exactly the same things. That’s all I can say. I will never do that. Never.”
It’s like a crook caught with a stash in his pockets a few months back, and who now straight faced states, “I will never do that! Never!”
Oh really Mr Turaga? After you gave yourself a pay rise, not to mention the Rabuku saga, and you expect us to believe you?
I will never do that! Never!
The other day SLR said he too was a victim and hasn’t heard from Speight, today he says he wants to see his old friend and thought he’d see him at golf. Think of the real victims and how they are feeling. Is this a deliberate move to further alienate Indo Fijians or is he just that stupid? A PM has to choose his words carefully. This looks like a slap in the face to Indo Fijians.
Indo Fijians should protest for equal rights now.
It should be illegal to discriminate based on race and on social media.
There needs to be a task force to stop discrimination on social media which can lead to hate crimes.
Isn’t it ridiculous that the elected Prime Minister of our country is hanging out for a call from a convicted traitor? Trying to woo him through the media? That’s Fiji today. The ball is well and truly in Speight’s court. So sad.
I really hope the youth take to the streets to show:
1. Decency and respect for all citizens
2. Respect and recognition for lawful need in the country.
3. Call an end to coup and treason leaders.
I am gearing to see who will lead this space. That person has my vote.
It is about time that we Fiji Indians take our case against Rabuka and Speight to the International Courts.
These men can hide in their countries but they cannot hide from the international courts.
They want truth and reconciliation then we should just give them that.
The time is here and be warned it is coming.
Tovata is the invading enemy of Burebasqa’s wealth and resources. Particularly of the Ba province. Blerry freeloading tabu silli.
This crapiology is not about Indian vs Fijian. Its about thieving freeloaders of Tovata wanting to steal the hard work of the Burebasaqa girmityas.
The rot will only stop now when Fiji has totally been eaten by the maggots of the coalition government. Only when nothing more is left.
Its is really sad to see our beloved country being taken apart piece by piece.
I fully agree with what Ms. Pulewai is saying. My cousin, who is a magistrate, mentioned that on the day in question, the acting boss personally called him along with three of his colleagues. He instructed them to dismiss any FICAC complaints if Ms. Pulewai attempted to bring charges against anyone. My cousin is even prepared to testify in a court of law about this.